If an employee views a confidential file contrary to clear and reasonable policy, she can be fired for cause. That was the judgment of the BC Supreme Court in Steel v. Coast Capital Savings Credit Union 2013 BCSC 527. The Plaintiff, Ms. Steel, was a help desk analyst in the IT department of the Defendant… → Read More
Tag Archives: just cause
Terminating Employees on Disability
Truly Shark Infested Waters
Posted in Discipline, Just Cause, Termination, Wrongful DismissalThe media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack. It seems that the husband’s heroics generated a media stir at the time, which led to the employer back in Wales finding out the couple were vacationing… → Read More
“Workplace Investigations – Part 3”
Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
Workplace Investigations – Part 2
Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
Workplace Investigations – Part 1
Posted in Damages, Investigations, Just Cause, Termination, Wrongful DismissalWith the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations. When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation. In this and subsequent posts, we will review some key legal issues that arise in conducting… → Read More
Wal-Mart Ordered to Pay Over 1 Million in Damages
Posted in Damages, Discrimination, Just Cause, Litigation, Termination, Wrongful DismissalOn October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages. The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store. This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart. Summary… → Read More
At Will Employment: What’s the Big Deal?
Posted in Damages, Employment Standards, Just Cause, Termination, US vs.Canadian Employment Law, Wrongful DismissalEmployment in Canada is not “at will”. But is at will employment really all it’s cracked up to be? Does it make the United States a friendlier place for employers? We don’t think so and we are happy to engage Jeff Polsky in the discussion. Jeff started this on the California Employment Law blog with a post, Like… → Read More
Jury Awards Punitive Damages
Posted in Damages, Just Cause, Litigation, Termination, Wrongful DismissalA jury in Prince George, British Columbia has awarded $573,000 in punitive damages to a terminated employee. It may be the highest such award in Canadian employment law history. The employee had worked for Babine Forest Products for 34 years. The company was acquired by Portland, Oregon based Hampton Lumber Mills in 2006. The employee… → Read More
The Good and Bad of Written Employment Agreements
Posted in Employee Obligations, Just Cause, TerminationThere is much good that can come from a written employment agreement. But there is also a considerable amount of trouble lurking if it is not well drafted. Both sides of this coin were evident in the case of Ernst v. Destiny Software. In a previous post we noted how the written agreement helped the employer win… → Read More
Just Cause – Dishonesty, Breach of Contract, Good Faith
Posted in Employee Obligations, Just Cause, Litigation, Termination, Wrongful DismissalIt is always difficult for an employer to prove just cause. In an earlier post, we discussed performance based just cause. This post looks at a recent case from British Columbia that found just cause based on dishonesty, breach of contract and breach of the duty of good faith. Ernst was hired as a senior… → Read More
When Do Performance Problems Amount to Just Cause?
Posted in Termination, Wrongful DismissalOur courts continue to emphasize how difficult it is to establish just cause for termination based on performance. A recent case made it clear that any such termination must be preceded by a very clear and current warning. The court accepted that the employee’s performance was clearly below standard, but not “grossly deficient”. Accordingly, a warning was… → Read More
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